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| B.L. Harbert Int'l v. Hercules Steel Co., No. 05-11153,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 28, 2006, Decided , February 28, 2006, Filed
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Overview: Arbitration award in favor of a manufacturer in a contract dispute was not vacated because a company was unable to show a manifest disregard for the law based on an alleged erroneous interpretation of the contract; appealing under such circumstances circumvented the policy behind the Federal Arbitration Act.
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| Boxer X v. Donald, No. 05-14904 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 28, 2006, Decided , February 28, 2006, Filed
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Overview: Summary judgment was properly granted to prison employees in suit alleging violations of inmate's U.S. Const. amend. I rights due to denial of his request for Lost-Found Nation of Islam services; a regulation allowing for 15 generic religious services was reasonably related to legitimate penological interest in not overburdening prison resources.
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| Brown v. Boston Mkt. Corp., No. 05-12288 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 28, 2006, Decided , February 28, 2006, Filed
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Overview: An appellate court declined to review an employee's three claims of trial court error in his Florida Civil Rights Act of 1992 employment discrimination case because the three claimed errors had not been presented to the trial court even though the employee had numerous opportunities to do so.
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| Leach v. United States, No. 05-13490 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 28, 2006, Decided , February 28, 2006, Filed
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Overview: A district court's denial of a pro se federal inmate's 28 U.S.C.S. § 2255 motion was affirmed because a valid sentence waiver in his plea agreement precluded the inmate from collaterally attacking his sentence.
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| Sinquefield v. Clay County, No. 05-15707 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 28, 2006, Decided , February 28, 2006, Filed
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| United States v. Berrio, No. 05-12208 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 28, 2006, Decided , February 28, 2006, Filed
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Overview: Defendant's conviction was affirmed because the district court's denial of a U.S. Sentencing Guidelines Manual § 3B1.2 mitigating-role reduction was not reversible error, and the sentence was reasonable in light of the 18 U.S.C.S. § 3553(a) factors.
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| United States v. Holmes, No. 05-11060 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 28, 2006, Decided , February 28, 2006, Filed
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Overview: District court did not abuse its discretion when it admitted the co-defendant's testimony about the prior bank robbery under Fed. R. Evid. 404(b) because such testimony was relevant to the issue of defendant's state of mind since one of the elements of conspiracy was an intention to further the purposes of the conspiracy.
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| United States v. Hurtado, No. 05-13183 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 28, 2006, Decided , February 28, 2006, Filed
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Overview: Defendant's sentence for violating 46 U.S.C.S. app. § 1903(a) and (j) was affirmed because there was no Booker error since he was sentenced under an advisory USSG scheme, and the district court did not err by denying him a U.S. Sentencing Guidelines Manual § 3B1.2(a) minimal participant reduction.
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| United States v. Sanchez-Restrepo, No. 05-11734 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 28, 2006, Decided , February 28, 2006, Filed
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Overview: Sentences were affirmed, where defendant admitted she was responsible for 10,145.1 grams of heroin by not objecting to that amount in PSI or at sentencing. Defendant was also sentenced under advisory guidelines system, and court properly determined, under preponderance-of-the-evidence standard, defendant was responsible for over 10 kilograms.
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